6 Idaho opinions name it 2 courts 1979–2021 1 in the last five years
The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Hillgreen2 sentences2021In arguing that McDonald does not control the outcome of this case, Roman-Lopez cites State v. Hill, 161 Idaho 444, 448-49 , 387 P.3d 112, 114-15 (2016) and asserts in his reply brief: In fact, the Supreme Court decided Hill on review from the Court of Appeals. 2021In arguing that McDonald does not control the outcome of this case, Roman-Lopez cites State v. Hill, 161 Idaho 444, 448-49 , 387 P.3d 112, 114-15 (2016) and asserts in his reply brief: In fact, the Supreme Court decided Hill on review from the Court of Appeals. | 1 | 1 |
Moeller v. Good Hope Farms, Inc.green1 sentence2018Severson, 147 Idaho at 705 , 215 P.2d at 425. | 1 | 1 |
Ware v. Idaho State Tax Commissiongreen2 sentences1979Regarding the majority's reliance on the rule that administrative construction of a statute is entitled to weight in determining its meaning, this Court stated in Ware v. Idaho State Tax Commission, 98 Idaho 477, 481 , 567 P.2d 423, 427 (1977) that, "Whether or not an administrative construction of legislative language is correct is ultimately a question for judicial decision, especially where, as here, the language is devoid of any ambiguity." Here, there is no ambiguity in the requirement that the number of licenses issued shall be on a population basis based upon "the last preceding census, 1979Regarding the majority's reliance on the rule that administrative construction of a statute is entitled to weight in determining its meaning, this Court stated in Ware v. Idaho State Tax Commission, 98 Idaho 477, 481 , 567 P.2d 423, 427 (1977) that, "Whether or not an administrative construction of legislative language is correct is ultimately a question for judicial decision, especially where, as here, the language is devoid of any ambiguity." Here, there is no ambiguity in the requirement that the number of licenses issued shall be on a population basis based upon "the last preceding census, | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Severson
green
2 sentences2018Severson, 147 Idaho at 705 , 215 P.2d at 425. 2018Severson , 147 Idaho at 705 , 215 P.3d at 425 . | 1 | 2018–2018 |
State v. Knight
green
2 sentences1998Perhaps a more appropriate method of analyzing this type of violation would be to require the offending party to demonstrate that the violation did not prejudice the non-offending party (see, e.g., State v. Knight, 734 P.2d 913 (Utah 1987) (When the defendant can make a credible argument that the prosecutor's failure to disclose has impaired the defense, it is up to the State to persuade the court that there is no reasonable likelihood that absent the error, the outcome of trial would have been more favorable for the defendant.)), i.e., something more akin to a harmless error standard. 1998Perhaps a more appropriate method of analyzing this type of violation would be to require the offending party to demonstrate that the violation did not prejudice the non-offending party ( see, e.g., State v. Knight, 734 P.2d 913 (Utah 1987) (When the defendant can make a credible argument that the prosecutor's failure to disclose has impaired the defense, it is up to the State to persuade the court that there is no reasonable likelihood that absent the error, the outcome of trial would have been more favorable for the defendant.)), i.e., something more akin to a harmless error standard. | 1 | 1998–1998 |
Jackson v. Righter
green
1 sentence1997It is stated, for example, in Jackson v. Righter, 891 P.2d at 1392 : “To be vicariously liable for the acts of an employee under a theory of apparent authority, an employer must conduct itself in such a way as to clothe its employee with apparent authority to perform the torts committed and there must be reasonable reliance on that apparent authority on the *60 part of the injured party.” (Emphasis added.) This reliance requirement precluded recovery by the plaintiff in Wilson v. Good Humor Corp., 757 F.2d 1293 (D.C.Cir.1985), a wrongful death action. | 1 | 1997–1997 |
Willis E. Wilson, Rep., Estate of Tomikia Wilson v. Good Humor Corporation and David A. Williams
green
1 sentence1997It is stated, for example, in Jackson v. Righter, 891 P.2d at 1392 : “To be vicariously liable for the acts of an employee under a theory of apparent authority, an employer must conduct itself in such a way as to clothe its employee with apparent authority to perform the torts committed and there must be reasonable reliance on that apparent authority on the *60 part of the injured party.” (Emphasis added.) This reliance requirement precluded recovery by the plaintiff in Wilson v. Good Humor Corp., 757 F.2d 1293 (D.C.Cir.1985), a wrongful death action. | 1 | 1997–1997 |
State v. Boyenger
green
2 sentences1992The majority's reliance on the analysis found in State v. Boyenger, 95 Idaho 396 , 509 P.2d 1317 (1973), is utterly misplaced. 1992The majority's reliance on the analysis found in State v. Boyenger, 95 Idaho 396 , 509 P.2d 1317 (1973), is utterly misplaced. | 1 | 1992–1992 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.